Q: How can a foreigner apply for a residential certificate in China and what specific visas should he/she hold so as to settle down in China and seek for a job in China?
Foreigners who have not been issued residence certificate and those who are under study or interim programs in China shall not work in China without the approval by the competent authorities.
Holders of F, L, G, J-2 or C- type visas shall not work or seek a job in China without the approval of the personnel administration department.
Foreigner with permission to work in China and his families should apply for Z or J-1-type visa at the Chinese embassies, consulates and visa offices, bringing with them the invitation or employment certificate sent by the Chinese employer, or the letter or telex of visa notification sent by the authorized unit. They should apply for the foreigner residence certificate at the local public security organ within 30 days after the entry.
Foreigners who settle down in China and those with permanent residence certificate shall work or seek a job in China.
Foreign employee should carry the labor contract with his Chinese employer, and should not change his employer or profession at will.
Foreign employee should submit another application and go through formalities for a new employment license when he wants to seek a new job upon the expiration of the term of the labor contact with his employer; otherwise, the new job will be regarded as illegal.
Foreign employee should go through alternation formalities at the public security organs when he changes employer after the termination of a labor contract, bringing with him the certificates of new employment and termination of the former one.
For foreigners who work without the employment permit, the administrative department of the public security organs in charge of the entry and exit of aliens is authorized to terminate the employment and impose a fine of under 1,000 RMB Yuan. In serious cases, the public security organs shall force the foreigners to leave within a definite time.
Procedures for Foreign Employees in Foreign-Funded Enterprises to Apply for Residence Certificate and Visa
Documents Required:
(1 ) Application Form for Examination and Approval of Visa or Residence for Foreign Employees and Employees from Hong Kong, Macao and Taiwan in Foreign-Funded Enterprises (hereinafter referred to as Application Form.)
Fill in the Application Form clearly correctly without any obliteration.
Make clear the type of visa or certificate applying for in the column entitled "Visa or Certificate Applying for" and the name of the position to be appointed in the column entitled "Professional Title"
The Application Form shall be examined and approved by Beijing Foreign Economic Relations and Trade Commission.
For foreign-funded enterprises subordinate to ministries or commissions of the central authorities, an official letter from the competent authorities at higher level is required.
(2) Copy of the approval certificate for Sino-overseas joint ventures or Sino-overseas co- operative enterprises
(3) Copy of the business license of legal person for enterprises in the People's Republic of China
(4) Copy of the certificate of appointment
(5) Two bareheaded, full-face photographs
(6) Health certificate issued by Beijing Sanitation and Quarantine Bureau (Address: No. 20 Hepingli North Street, Andingmenwai, Beijing Phone: 64274239)
(7) For foreign employees to reside at dormitory of the foreign-funded enterprises, an approval certificate issued by the public security organ at the prefecture and city level where the said employer is located is necessary for applying for a residence certificate.
When applying for multiple entry visa, foreign employees in foreign-funded enterprises shall bring with them valid passport, residence certificate and the Application Form.
(China.org.cn, June 14, 2002)
